Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Pages 107-108
In Camera Stellata, coram Consilio ibidem, Mercurij, 6 Febr., 1599/1600, Elizab. 42.
Jefferyes of Sussexe (brother of Baron Jeffryes, now deceased), plaintiff, Mountague, defendant, for riot and other misdemeanours.
Mountague, 20 July, entered on the land called " Grove lands " peaceably with five men usually attendant on him, with their usual weapons, and not otherwise, and then he built cabins and with two men without weapons kept this possession, and on the 6th of August, in the night, with 20 persons with sickles (and not otherwise), reaped the corn there growing, and peaceably carried it; and Mountague commanded that there should be no resistance and no violence if there should be any interruption; and he offered sequestration of the profits until the trial should be had of this case in the Bench. Query 41 Elizabeth, 15.
This was adjudged by the Court to be no riot, and also because no re-entry was ever actually made by Jefferyes; but for the misdemeanour in reapmg the corn in a 'rayning' night, and for the mischief and example of this, and the inconvenience that would ensue, they fined all the defendants each five marks, but without imprisonment, which ought to be particularly excepted by the Court, otherwise it is due as of course.
So there is a judgment in [this] Court for waste of a ditch [held] in common, by night; for the deeds of night are odious even if they be lawful; for a lawful thing may be unlawfully performed. And there is a case in our books if a parker or forester suffer hunting, he shall forfeit his office, but if there be hunting in the night, he shall not forfeit it; for [he] is not bound to guard his game in the night, for the night is ordained for all men and beasts to have rest, unless ravenous and ' devouringe beastes.' But (p.108) this small offence should have punishment in the country, by indictment or otherwise, where it can be proved.
See also STAC Jeffrey